Sh.Anoop Sharma, Presiding Member

1.       Sh.Ashwani Chawla has brought the instant complaint under the Consumer Protection Act, on the allegations that Opposite Parties No.1 to 3 are engaged in the business of providing/ selling electronic products of all kinds including mobile phones against consideration and the complainant purchased a mobile phone Goinee F103, Serial No.867865020942320 on 14.11.2015 worth Rs.9300/- vide invoice No. 33774 from Opposite Party No.2 through Opposite Party No.1. At the time of purchase, said dealer assured the complainant that the Mobile Set in question is having one year manufacturer guarantee/ warranty. The complainant is an advocate by profession and is using the said Mobile Set in question for last one year and he has facing number of difficulties in the said Mobile Set in question like speaker problems, disconnection of mobile at improper time and some time the phone is  disconnected even after the talk. It is further stated that all the difficulties are faced by the complainant in the memo given to company. It is further stated that last complaint dated 8.11.2016 has been made by the complainant to service centre. Opposite Party No.3 is dilly dallying the matter and is lingering on the matter by saying  that the Mobile Set in question is now set right but after using the same, the complainant is facing the difficulty as referred in the memo since from the first date of the complaint. On 14.11.2015 the complainant purchased the Mobile Set in question from Opposite Parties and the complainant started using the Mobile Set in question but the same was not properly functioning. As number of complaints have been moved to Opposite Parties, but Opposite Parties  have failed to rectify the defect in the Mobile Set in question which is having some manufacturing defects, so in the event of such defect, the complainant wants the Mobile Set in question either to be replaced with new one or to refund back the amount consideration as paid by him. Vide instant complaint, the complainant has sought the following reliefs:-

a)       Opposite Parties  may be directed to replace the Mobile Set in question with new and fresh one  as per guarantee in favour of the complainant.

b)      Compensation to the tune of Rs.1 lacs may also be awarded to the complainant for mental  torture, agony, harassment and inconvenience and professional and financial loss and wastage of time in visiting Opposite Parties.

c)       The costs of the complaint may also be awarded.

d)      Any other relief to which the complainant is found entitled to, may also be awarded to the complainant.     

Hence, this complaint.

2.       Upon notice, none appeared on behalf of the Opposite Parties, hence Opposite Parties were proceeded against exparte.

3.       In his bid  to prove the case, complainant tendered  his duly sworn affidavit Ex.C1 in support of the allegations made in the complaint and copies of documents Ex.C2 to Ex.C6 and closed the exparte evidence.

4.       We have heard the ld.counsel for the complainant and have carefully gone through the evidence on record.

5.       From the perusal of the evidence on record, it becomes evident that Opposite Parties No.1 to 3 are engaged in the business of providing/ selling electronic products of all kinds including mobile phones against consideration and the complainant purchased a mobile phone Goinee F103, Serial No.867865020942320 on 14.11.2015 worth Rs.9300/- vide invoice No. 33774 from Opposite Party No.2 through Opposite Party No.1. At the time of purchase, said dealer assured the complainant that the Mobile Set in question is having one year manufacturer guarantee/ warranty. The complainant is an advocate by profession and is using the said Mobile Set in question for last one year and he has facing number of difficulties in the said Mobile Set in question like speaker problems, disconnection of mobile at improper time and some time the phone is  disconnected even after the talk. It is further stated that all the difficulties are faced by the complainant in the memo given to company. It is further stated that last complaint dated 8.11.2016 has been made by the complainant to service centre. Opposite Party No.3 is dilly dallying the matter and is lingering on the matter by saying  that the Mobile Set in question is now set right but after using the same, the complainant is facing the difficulty as referred in the memo since from the first date of the complaint. On 14.11.2015 the complainant purchased the Mobile Set in question from Opposite Parties and the complainant started using the Mobile Set in question but the same was not properly functioning. As number of complaints have been moved to Opposite Parties, but Opposite Parties  have failed to rectify the defect in the Mobile Set in question which is having some manufacturing defects, so in the event of such defect, the complainant wants the Mobile Set in question either to be replaced with new one or to refund back the amount consideration as paid by him. On the other hand,  none appeared on behalf of the Opposite Parties and in this way, the Opposite Parties   were proceeded against exparte.  As such, the evidence produced by the complainant has gone unrebutted on record. In this way, the Opposite Parties have impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Parties have no defence to dislodge the complaint. So in such a situation, the  Opposite Parties are  definitely liable to replace the Mobile Set  in question with new one of same make and model.

6.       Consequently, the instant complaint succeeds  and the Opposite Parties are  jointly and severally directed to replace the Mobile Set  in question with new one of same make and model within one month from the date of receipt of copy of this order, failing which the Opposite Parties are liable to   refund the price value of Mobile Set  in dispute of Rs.9300/- to the complainant  alongwith interest @ 6% per annum from the date of passing of the order until full and final payment. Opposite Parties are   also directed to pay Rs.2000/- to the complainant on account of compensation for causing mental tension and harassment besides Rs.1000/- as litigation expenses.  The complaint stands allowed exparte accordingly. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

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